State v. Brown

OPINION

PICKARD, J.

{1} This case is a sequel to Subin v. Ulmer, 2001-NMCA-105, 131 N.M. 350, 36 P.3d 441. We decided in that case that a district court has no authority to order the Public Defender Department (Department) to pay expert witness fees for an indigent defendant who is represented by counsel paid for by family members. The question we must answer in this case is whether that rule applies equally to expert witness fees paid from unspecified state funds where counsel represents the indigent defendant pro bono for no fee. Based on our decision in Subin, the district court concluded…